The elevated feelings from receiving your own share of ad revenue or choosing to give it to a charity

As evidence that this community has been built for you, and that we trust and respect you, we wrote our app “terms of use” in a way that you can easily understand.

First, some necessary legal statements: Our company’s name is WeAre8, Inc. We are based in New York City and are organized as a corporation in Delaware. We also refer to our company as “The 8 App” or simply “8”.

By using The 8 App, or accessing The 8 App’s content through our web site, you agree to follow these rules. Please be sure to read our privacy policy which is available at this link. 8 reserves the right to update these terms at any time.

The “8 Rules” listed here apply to everyone interacting with 8 through the 8 App or 8’s web site at www.the8app.com. Further below are additional rules that apply to those of you who activate ads or accept sponsor content on your profile.

The 8 Rules of The 8 App

1. You Create it, You Own it

8 will not take any form of ownership or license to reuse your original content the way other social media companies do. For content you post publicly, any 8 user has the right to repost it. For content shared within 8 (including when your content is promoted in 8’s “Feeds”) or shared externally using 8’s social media sharing tools, your profile will stay linked and displayed so the additional traffic or views are also linked to your profile. You can always use private posting options if you don’t want your stuff reposted. Lastly, we are required by law to comply with the “Digital Millennium Copyright Act”. If you own a copyright that you feel has been misappropriated by someone else on 8 without your permission, please notify us at feedback@the8app.com. If you accept ads or sponsor offers, the additional rules described below apply.

2. Express Yourself

We want everyone to feel free to express their creativity in any form you can imagine enabled by the 8 platform – stories, music, video, GIFs, art, words, and images. We want you to be comfortable in expressing yourself freely and we will respect you for what makes you unique; however…

3. Be Nice

Don’t abuse the freedom that you are given on 8. We will not tolerate any expressions of hate, or even a lack of respect toward ethnicities, religions, cultures, sexual preferences or genders. 8 is a community based on the love and respect of others. If you are not nice we will ask you to leave by revoking your access to 8.

4. Follow the Rules

To maintain a healthy community, some rules are necessary. If someone isn't following these rules, we may warn them and we may ask them to leave by revoking access to 8 (if you do something really bad we will ask you to leave without a warning). We may have to make difficult decisions in balancing freedom of expression against the requirement to be nice (see #3 above) and this is where we ask that you trust us to be fair. We reserve the right to update these rules and terms without notice. Your continued access of Cloud8 after those changes demonstrates your acceptance of those changes.

5. Share

We share 80% of our revenue with you, after deducting the costs that we have to pay in connecting you with advertisers. In return we ask that you share what you create on 8 with each other inside 8 and share it out on other social media with links back to 8 (our App has some great sharing tools to make this easy). Most importantly, 8 is intended to be a home where everyone should share their love and respect for one another. 8 allows links to external content and websites: please know that we are not responsible for the content associated with those links.

6. Be Mature

You must be 13 to use the 8 App or to access the content through our web site. If you are over 13 but under 18, you must have the permission of your parent or guardian.

7. Be Smart Use good judgment.

You are responsible for the content that you post. Don't do things that are inappropriate or offensive. If your content is potentially hurtful or offensive to others, don't post it publicly and only share it with your friends. Don’t do anything illegal with our platform, even with private posting. Don’t use other people’s names, including other potential Influencers.And because people as young as 13 are allowed to use the app, do not post pornography. If you break the law while using the 8 App (such as copyright, slander, violating our privacy policies or these rules or trying to sell illegal things or things that don’t belong to you), 8 is not liable for your actions or your content– you are – and we will ask you to leave by revoking your access and if appropriate, reporting you to the appropriate legal authorities.

8. No Courts

We don't want lawyers' fees to come out of the money we will be sharing with you. If you have a problem with us, contact us (feedback@the8app.com) and we will do our best to be reasonable and fair. For any true legal disputes that arise, you agree to use binding arbitration in the State of New York. If you are not familiar with arbitration, it is a very common method to resolve disputes efficiently without involving the court system.

8’s Terms of Use for Ads and Monetization

All users of the 8 App are given the option of whether or not they want advertisements to appear on their content. When you first install the app and register a new user profile with 8, the default setting is for ads to not be activated. If you elect to turn ads on and make your content eligible for monetization, you must do so through “My Ads” one of two places:

In the mobile app, on your home profile

On the desktop web-browser version in your account settings

By activating the features of My Ads you agree to the following additional terms and conditions:

Defined words and phrases. As above, we refer to our company as “The 8 App” or simply “8”. All users of The 8 App, which may be either individual people or corporate entities, are referred to as “Influencers” including you. If anyone creates an 8 profile for a fictional character or a non-human Influencers, such as a pet dog, the person controlling the account and profile is agreeing to these terms and is included in the definition of Influencers. The third-party company that 8 has contracted with to programmatically serve video ads is called the “Ad Server”. The people or corporate entities who purchase ads through the Ad Server that are displayed in 8 are “Advertisers”. 8 has also created a service, called the “The8App Cloud” (Cloud8) where Sponsors can contract directly with Influencers to post online ads which can be images, text, videos or any combination of these. The people or corporate entities who are eligible to make offers to Influencers through 8’s Cloud8 are “Sponsors”.

Content Eligible for Monetization:

First, remember that you proactively need to activate ads on your account, and if you do not activate this feature, you will not be eligible for monetization

Each time you post any content on 8, you are representing and warranting that you own the content or have the necessary licenses, rights, consents and permissions to publish the content.

In your my Ads Settings, you will be able to select where ads will play on your content with three available choices (all can be selected):

“Pre-roll” before videos posted directly to 8 via upload.

Videos linked from external video platforms such as YouTube or Vimeo are not eligible for monetization

“Mid-Story” in stories containing at least two items, after the second item

Attached to the right of single item “moment” posts, viewed by swiping left

Monetization with The Ad Server and Cloud8. We have contracted with a third-party company that provides a service called programmatic ad serving. In our Cloud8 service, 8 helps facilitate interactactions directly between Influencers and Sponsors. There are a few important, industry-standard terms to understand when working with this aspect of our business:

Ad serving definitions:

CPM – Cost per thousand views. This is how ad buyers bid on and subsequently pay for commercials. For example, if they bid $1.00 CPM that means they are paying $0.001 per unique ad view (1/10 of one US cent).

Uniques or Unique Views – each separate person who views the ad is considered one unique viewer and if the same person watches the same ad placement several times, it will only count as one view.

Inventory – the places that are available for an ad to play, which depends on which types of ad placement you have selected in your account settings.

RTB – “Real-time bidding” auction market. Advertisers and Sponsors have access to the Ad Server system to see the available inventory and data related to the Influencer and the Influencer’s audience, such as the number of followers, the demographics of the audience and the geographic locations. The Ad Server, Advertisers and Sponsors can also see performance of previously purchased ads. By using the Ad Server’s RTB system, Advertisers will competitively bid for your inventory based on a variety of factors summarized further below.

Cloud8 Definitions:

1. Types of Sponsor offers: - Sponsors can make sponsorship offers to influencers on the 8 platform and we will also assist Sponsors in making offers to Influencers on other social platforms. Sponsors have the flexibility to make an offer that contains a fee, or it may contain product or promotional offers (typically communicated as a code to be entered online).

Fixed fee offer – a sponsorship offer for a fixed amount to be paid for promoting or recommending the Sponsor’s brand or broducts

Variable fee offer – a sponsorship offer in which the amount to be paid is based on one of the following types of performance metrics

CPE – Cost per engagement

CPC – Cost per click

CPA – Cost per action

CPI – Cost per install

Product offer – an offer from a Sponsor for a free sample of one of their products

Promotional offer – an offer from a Sponsor for a discount to be used for the purchase of one of their products

General Information about Sponsor offers. If a Sponsor communicates a sponsorship offer to you, the offer will contain a deadline to respond to their offer. The Sponsor may ask you for additional information before finalizing the Sponsorship agreement. If you accept the invitation to potentially be sponsored, the Sponsor has a final opportunity to accept or reject the transaction. Sponsors have complete discretion over which sponsorship offers get finalized after the influencer indicates an interest in participating.

Consents and Permissions you grant by activating My Ads and Cloud8

1. You expressly grant permission to 8, the Ad Server, Advertisers and Sponsors access to all information associated with your 8 App profile including but not limited to your profile’s available inventory (meaning the details of the types of content you have posted on 8) and data related to your profile and your audience, such as your number of followers, the demographics of your audience and the geographic locations of you and your followers, your content views and measures of popularity such as the number of “loves” and reposts, as well as the performance of content both inside and outside of 8 App. You consent to 8’s track, record and then resell data associated with how you use 8 App. Although we won’t map this data to your name or personal information, it will get mapped to your general demographics so we can track how people interact with the content.

2. You will also be given the opportunity to link the audience data from other social accounts such as Facebook and Twitter. This is not required but it will help show Advertisers and Sponsors the reach of your influence. By granting us acces to your social media profile information, we will further track and use your engagement data with those sites.

3. You consent to receiving inbound offers from brands for sponsorship, which you do not have to accept.

Other General Permissions and Consents. As an 8 App User, 8 has the right to track, record and then resell data associated with how you use 8 App, including the types of content you view and who views your conent.

Additional Information about the relationship between you, the Ad Server Advertisers, Sponsors and The 8 App:

Advertisers have great flexibility in how they purchase ads on your 8 profile with RTB through the Ad Server and Sponsors have great flexibility in how they purchase ads on your 8 profile through Cloud8. For example, they may only pay for an ad if it is watched in its entirety. They may submit bids based on any search criteria they choose such as your location, age, followers, gender or past ad performance. The price they offer as a bid will also include such important factors as the popularity and views of your previous content posts.

Advertisers and Sponsors have full discretion of where their ads are displayed and they can choose to block their ads from your profile based on any criteria they choose. They may also withdraw offers even once accepted based on their determination of the suitability of your profile or your posts.

8 does not warrant, promise or guarantee any level of ad purchasing or pricing on your content. 8 has no control over the competitively bid RTB market or Sponsor activity through Cloud8 and we are simply providing Influencers the unique opportunity to have access to this advertising market through the 8 App platform. It is entirely up to you to earn your ad revenue by having great, engaging content, and building your own audience of followers who regularly view your content to demonstrate to advertisers that their ads will perform well on your content.

From time-to-time, 8 may elect, entirely at its own discretion, to purchase unsold inventory from the Ad Server. 8 has no obligation to purchase this inventory and 8 has complete discretion as to the price it offers for this remaining inventory. When 8 purchases ads in this manner, 8 will not subtract any additional costs, charges or commissions when paying Influencers for 8’s own ads. Initially, 8 will offer a CPM of $0.10 for inventory not purchased by RTB with the Ad Server, but 8 can change or discontinue this practice at any time without notice.

Except for the payments described below, 8 does not take any responsibility for agreements reached between Influencers and Sponsors using Cloud8.

You own your posts, however, Sponsors may give you content to use, like a logo, or an entire image to post. You agree that the Sponsor owns that content and is giving you a limited license to use those materials only as part of the arrangement created by 8app as part of the sponsorship agreement. You expressly agree that the Sponsor can reuse what you post, without any additional compensation to you, unless you specifically limit that option at the time you form the agreement with Sponsor.

Revenue and Payments

Net Revenue: You earn 80% of the Net Revenue that you earn on 8. The 20% collected by 8 is to compensate us for giving you access to this marketplace. We use the word “Net” in Net Revenue to indicate that the revenue is net of the direct, variable costs related to providing this service. More specifically, the payment received by 8 from the Ad Server will already have the Ad Server’s commission deducted. Sponsor payments are gross to Sponsor, and Sponsor will take its fee 20% fee from Sponsor payments it receives. In each case, 8 will also deduct an estimate of your hosting, streaming and storage costs.

You will be paid for your Net Revenue approximately 45 days after the end of the month in which the ad was viewed for Ad Server buys, and possibly less for Cloud8 buys. This length of time is to allow 8 adequate time to collect payment from the Ad Server for Ad Server buys, and then calculate the Net Revenue amounts. In the unlikely event that the Ad Server defaults on the payments owed to 8, 8 does not assume the risk of payment to you. In other words, 8 will only pay Influencers after 8 has collected payment from the Ad Server, and with respect to Sponsors, after it has calculated Net Revenue.

Collecting your earned Net Revenue

At the present time, 8 will only distribute funds for earned Net Revenue through PayPal. We do not offer alternative payment methods so you must have a PayPal account to receive payment.

The minimum amount that you can request for payout is US $2.00.

At the time of disbursement, PayPal’s fee of 2% (capped at $2.00) will be deducted.

The first time that you select to “Redeem” funds from your account, you will be asked to link the PayPal account that you want to use for collection of payment.

8 is responsible for making sure that the correct amount of Net Revenue is submitted to PayPal for credit to your PayPal account.

8 assumes no liability or responsibility for the services associated with your PayPal account. You are subject to their terms of use including, but not limited to, PayPal’s own payment terms such as the length of time taken to credit the funds into your account.

Note that PayPal may require the verification of additional account information for the disbursement of certain amounts to maintain compliance with financial regulations and tax reporting

Limits of Liability. We are not liable for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury, wrongful death, special, incidental, indirect or other consequential damages, each of which is hereby excluded. Our liability for any direct damages may not exceed the amounts actually paid by us to you in connection with 8App in the last six (6) months. We are obligated to perform only those duties expressly described in these terms and in any agreement between you and any Sponsor. We are not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for our gross negligence or willful misconduct.

Terms and Conditions for 8 Contests

From time to time, 8 may run a contest (“Contest”) on The8App and 8 retains sole discretion to terminate, extend, suspend or alter any Contest in its sole discretion and at any time.

LIMITATION ON LIABILITY: Entrants release, discharge, and agree to indemnify and hold harmless The8App and its respective directors, officers, employees, parents, subsidiaries, affiliates, agents, Contest partners and representatives (the “Released Parties”) from and against any liability for any damages, injury or losses (including death) to any person, or property, of any kind resulting in whole or in part, directly or indirectly from acceptance, possession, misuse or use of any prize or participation in any Contest related activity or participation in any Contest conducted by The8App.

GENERAL CONDITIONS: Illegible, inaccurate, damaged, misdirected, delayed, unintelligible or incomplete entries or responses will be disqualified. The Released Parties are not responsible for any lost, late, misdirected, stolen or undelivered entries. The Released Parties are not responsible for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes and/or potential winner(s) or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this sweepstakes or downloading materials from or use of the web site. Persons who tamper with or abuse any aspect of the Contest or website or who are in violation of these Official Rules, as solely determined by The8App, will be disqualified and all associated entries will be void. In the event that technical or other circumstances compromise a Contest (including, without limitation, a computer virus, bugs, tampering, unauthorized intervention, technical failures, insufficient volume of eligible entries), The8App reserves the right, in its sole discretion, to cancel, modify or terminate the Contest, and/or to select winners for prizes from all eligible entries received prior to the cancellation based on the applicable winner selection methods. Any attempt to deliberately damage or undermine the legitimate operation of a Contest may be in violation of criminal and civil laws and sponsor reserves the right to seek damages and other remedies (including attorney’s fees) from any such individual to the fullest extent of the law.

CLAIMS/CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant in connection with any Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine. All participants who enter a Contest agree that any and all claims and disputes arising under or relating to a Contest are to be settled by binding arbitration in the state of New York or another location mutually agreeable to the parties. Under no circumstances will an entrant be permitted to obtain awards for, and entrants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses, including attorneys’ fees or other legal costs, and any and hereby waives all rights to have damages multiplied or otherwise increased.

PUBLICITY/RELEASE: Except where prohibited by law or regulation, by entering into a Contest and/or accepting a prize you grant The8App permission to use your name, username/online alias, and/or any photo or video entry in all media now known or hereafter discovered (including, without limitation, on The8App’s websites and social media websites, such as Twitter, Instagram, Facebook) worldwide in perpetuity, for any purpose in reference to a Contest without additional compensation, consideration or consent. The8App’s use of all information collected from participants will be in accordance with its privacy policy, found at https://www.The8App.com/p/legal/privacy/. The8App reserves the right to use any Response or Submission in all print and electronic media, and to edit any Response or Submission for brevity and clarity.

#WeRiseTogether Contest

These terms and conditions shall serve as the official rules for the #WeRiseTogether contest.

ENTRY: No purchase necessary to participate or win. You must be a registered user of The8App to participate in the giveaway. Only one prize per person, household, email address and/or username will be allowed in duration of the contest (or any similar contest conducted beyond this one). All entries must be received by 11:59 PM Eastern on Wednesday, December 7, 2016 to be eligible to win a prize. Late and/or subsequent entries per person, per household per email address and/or username will be disqualified. The8App is not responsible for failure to receive an entry for any reason including but not limited to submission and/or transmission failures, technical malfunctions and/or other conditions beyond its reasonable control. From Monday, November 21, 2016 to Wednesday, December 7, 2016 The8App will ask its followers and fans to download The8App, create a profile, and create a post with #WeRiseTogether, and share the post and The8App to their friends using all reasonable means of sharing. The user that has a profile with a post using #WeRiseTogether and has the greatest number of valid followers with users that followed them first will be the Grand Prize Winner.

A tiered system will be used to determine 2nd, 3rd, and Runners Up Winners. Winning Participants will receive an email from The8App and must message back to receive their prize. Monetary Prize will be posted through PayPal and Physical Prize will be mailed to the address provided by the Participant.

ELIGIBILITY: To participate, you must be a legal US resident and 18 years of age or older at the time of entry. You must also abide by all of The8App’s Terms of Use.

WINNER SELECTION: The8App's analytics will be the official chooser for this Contest. Entries from one Contest will not be included in any subsequent Contest.

Unless otherwise specified in the Contest, winners will be chosen depending on how many valid followers they receive on their 8 profile that followed them first before any other profile. The8App will be using data analytics to track any potential users who may create more than one user account to falsify the results in this Contest. Any participant who attempts to cheat or falsify their results will be immediately disqualified and The8App reserves the right to revoke that individual’s access to The8App.

Winners will be notified within 5 business days following the conclusion of the Contest via an email or notification in The8App. If a winner does not respond to such notification within 5 business days and/or does not meet the stated eligibility requirements, such winner will be disqualified and The8App reserves the right to select an alternate winner from the remaining eligible entries received for the applicable Contest.
Winners may be required to sign and return an Affidavit of Eligibility, Liability Release and, where legally permissible, a publicity release and/or provide other personal or tax information. Winners will have 5 business days to provide all such information and to execute and return the Affidavit of Eligibility, Liability Release and publicity release (if required by The8App). By entering, participants in the Contest release the Released Parties from any claims, losses, injuries or damages of any kind resulting from participation in the Contest or the use or receipt of any prizes. The failure to comply with the foregoing requirements, or the return of any prize or prize notification as undeliverable may cause the winner to forfeit their prize and The8App reserves the right to select an alternate winner. The8App’s decisions concerning selection of winners, as well as all other matters relating to any Contest, are final and binding. Odds of winning a Contest will depend on the number of eligible entries received for the applicable Contest.

PRIZES: The number and value of prizes awarded in any Contest will vary and will be set forth in the Contest posting. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prize includes only what is specified in the prize description. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at The8App’s sole discretion.

WINNER’S LIST: Any participant can request a list of the names of the winner(s) of a Contest by emailing info@the8app.com within 30 days following the conclusion of the applicable Contest.

The8App Cloud Terms of Use

This is an agreement between brand sponsors (Sponsors) and WeAre8, Inc., (8) with respect to the use of the The8App Cloud platform (Cloud8). In this agreement, You means Sponsor, and we means 8. Cloud8 means both the The8App Cloud platform and the cloud8.the8app.com site. Our agreement includes these terms, our privacy policy, the terms of any advertising campaign a Sponsor submits or modifies and any other terms listed on our website for access to and use of Cloud8. Our company’s name is WeAre8, Inc. We are based in New York City and are organized as a corporation in Delaware. We also refer to our company as “The 8 App” or simply “8”.

BY ACCESSING AND SIGNING UP FOR CLOUD8, YOU AGREE TO THESE TERMS.

How it works
Using Cloud8, we have established the ability for Sponsors to connect directly with Influencers and customers. Cloud8 is a system for brands and agencies to engage influencers and customers globally. Cloud8 offers an end-to-end system to manage influencer campaigns, including content management and verification with data and reporting across multiple social channels.

Cloud8 Definitions.

Types of Sponsor offers: - Sponsors can make sponsorship offers to Influencers on the Cloud8 and we will also assist Sponsors in making offers to Influencers on other social platforms. Sponsors have the flexibility to make an offer that contains a fee, and / or it may contain product or promotional offers (typically communicated as a code to be entered online).

Fixed fee offer – a sponsorship offer for a fixed amount to be paid for promoting or recommending the Sponsor’s brand or products

Variable fee offer – a sponsorship offer in which the amount to be paid is based on one of the following types of performance metrics

(1) CPE – Cost per engagement

(2) CPC – Cost per click

(3) CPA – Cost per action

(4) CPI – Cost per install

Product offer – an offer from a Sponsor for a free sample of one of their products

Promotional offer – an offer from a Sponsor for a discount to be used for the purchase of one of their products

General Rules About Sponsor Offers. If a Sponsor communicates a sponsorship offer to an Influencer, the offer will contain a deadline to respond to the offer. The Sponsor may ask the Influencer for additional information before finalizing the sponsorship agreement. If Influencer accepts the invitation to potentially be sponsored, the Sponsor will have the final opportunity to accept or reject the transaction. Sponsors have complete discretion over which sponsorship offers get finalized after the Influencer indicates an interest in participating.

Our Fees. We share 80% of our revenue from accepted Sponsor offers with Influencers, after deducting the costs that we have to pay in connecting Influencers with advertisers. If there are variable fees, such as when an agency brings us an Influencer, the agent's fee will get deducted before the 80/20 split. We reserve the right to deduct other variable fees before the split.

Funding

The minimum deposit for a Sponsor is $5,000. You may withdraw any unused balance of funds on 30 days’ notice.

The moment Sponsors create a "campaign" we will place a hold on the funds in the Sponsor’s account in the amount of the campaign. We will release the payments 30 days after Sponsors verify the post.

Sponsor funds deposited with us will be maintained in a bank account that is separate from 8’s operating account. Our sole responsibility with respect to those funds is (i) to pay the Influencer as provided above and/or (ii) to return any unused funds to you upon request.

In most cases 8 will pay Influencers via 8’s PayPal account and Influencers will be required to have their own PayPal account to receive payment. 8 has discretion over determining how influencers will be paid and may choose alternatives to PayPal or may send payments by bank transfer.

Your initial deposit must be sent by wire, although upon request, we may accept a check. The credit balance in your account will be shown when the bank clears the funds.

Independent Agreement. Each Agreement between an Influencer and a Sponsor is a separate and independent agreement. 8’s obligations under those agreements are expressly limited to providing Cloud8 and managing the payments, described above.

Permitted Uses; Third Party Sites. Sponsors may use Cloud8 only for submitting ads for products or services for inclusion on Cloud8 and Influencers’ social media feeds. Sponsor ads submitted through Cloud8 may be placed on (i) any web site owned or operated by Cloud8 (a "Cloud8 Web Site"), (ii) on any site or social media (Third Party Site) owned or controlled by an Influencer.

Our Rights: We may, in our sole discretion, reject, remove, modify, suspend or restrict any ad or other materials submitted, to comply with any of our policies or those of any Third Party Site, or as we otherwise determine to protect our interests. Third Party Sites may also have certain rights allowing them to reject, modify or withdraw ads placed under this Agreement. Neither 8 nor any Third Party Site will have any liability to you because they exercised these rights.

Prohibited Uses of Cloud8. You may not use Cloud8 or any Third Party Site to:

generate, manipulate or otherwise produce or induce fraudulent impressions of or fraudulent clicks on computer generated search requests, or fraudulent or deceptive use of other search engine optimization services or software;

include content in ads, or use Cloud8 in any way, which violates or infringes on any intellectual property rights;

include content which is threatening, libelous, defamatory, obscene, scandalous or inflammatory or otherwise violates applicable law;

include content that is or may be false, misleading or deceptive;

advertise goods or services that are illegal in any jurisdiction;

advertise goods or services that violates any policy posted on Cloud8 or any Third Party Site;

resell Cloud8 to any third party;

engage in any other illegal or fraudulent business practice under the laws of any jurisdiction where you are located or the ad is displayed or any other conduct that 8 or any Third Party Site determines may otherwise result in legal liability;

include links to any web site as part of your ad unless the content found at that web site is relevant to your ad;

run multiple ads linking to the same or similar web site on the same search results page;

use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce or distribute information available on Cloud8;

take any action to interfere with Cloud8 or any other user's use of Cloud8; or

frame portions of Cloud8 within another web site or establish links from any other web site to any page of Cloud8 other than the home page.

Passwords and Authority: We will authorize IDs and passwords and may revoke them if you violate this agreement. Upon requesting a password, you may be required to provide information regarding you or your organization. Please safeguard your ID and password. You are responsible for telling us if there is a change of the responsible personnel in possession of an ID and password. We may monitor the logon times and usage under each ID for the purpose of verifying that you are the sole holder and user of the ID and to verify compliance with this agreement. If any party under your control gains access to Cloud8 through use of the ID or by circumventing 8's security systems, you remain liable to 8. If you are accessing Cloud8 on behalf of a business entity, whether as an employee or agent, you represent that you have the legal capacity and authority to bind that business entity to this agreement. The term “you” refers both to the individual accessing Cloud8 on behalf of a business entity, if any, and that business entity itself.

Limited License: We grant you a limited, non-exclusive, nontransferable license to use Cloud8 on one computer at a time, for your own internal business purposes and solely to participate in Cloud8 with the intention of placing or accepting ads. You may not modify or create derivative works based on Cloud8. All rights not specifically licensed to you are retained by 8.

Proprietary Rights: Cloud8, and everything used in connection with Cloud8, are owned, or authorized for use, by 8, except for Third Party Sites, which are subject to the terms of use posted on those sites. By accessing or using Cloud8, you acknowledge these rights and the rules of the Third Party Sites. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any part of Cloud8. We may use any idea, concept, know-how, or technique contained in any communication you send to 8 without compensation and for any purpose. Each Influencer owns its posts, however, you may provide Influencers content to use, like a logo, or an entire image to post. You own that content and you grant to each Influencer a limited license to use those materials as part of the arrangement created as part of the sponsorship agreement.

Communications Solely With 8. You agree to communicate solely through 8 regarding ads, and agree not contact Influencers directly with in an effort to avoid paying our Fees. If you engage in campaigns directly with Influencers who you initially connected to through Cloud8, we reserve the right to collect our fee on all future transactions between you and that Influencer.

Privacy and Data Collection. We do not collect personally identifying information from you unless you have voluntarily given such information to 8 (for example, when registering to become a Sponsor or when sending us an e-mail or other submission). For further information about how we use information collected from you, please view our Privacy Policy . Unless otherwise provided in the Privacy Policy, any communication you transmit to us is non-confidential.

Ad Responsibility. Sponsors are solely responsible for selection of all advertising content and other matters (including keywords, categories or other targeting mechanisms), content and integrity of ads, including URL links, and all transactions consummated as a result of those ads. We may review or screen the content of any ad.

Termination; Cancellation. We may, in our sole discretion, immediately terminate this agreement, or cancel or suspend any ads. We will try to notify you via email of any such termination or cancellation, but we are not responsible if we fail to do so.

If we terminate this Agreement because you breached this Agreement, we are not required to refund any pre-paid or unused portions of your budget.

Sponsors may cancel or delete any ad or terminate this Agreement by changing the end date or deleting the ads. We will use our reasonable efforts to take these ads down, or tell Influencer to remove the ad or post, but you acknowledge that once posted, we have no control over Influencer’s behavior.

Upon cancellation of any ad or termination of this Agreement, Sponsors are still responsible for any amount due for ads placed through the date such cancellation or termination takes effect, as well as any related hosting or other expenses.

Any unused budget for Sponsors will then be refunded.

Payment. You agree to pay all applicable charges detailed under this agreement or on any form on Cloud8, including any applicable taxes or charges. You are required to deposit the amount agreed to upon sign-in, and the balance will be used to fund ad purchases. Except as provided under “Termination or Cancellation” we will refund any unused balance upon request. We may change pricing policies upon notice to you at any time. If you dispute a charge or payment, you must notify us in writing within sixty (60) days of the charge or payment stating the nature of such dispute. If you don’t notify us, you waive any claim relating to the dispute. We calculate charges based on our records. No other measurements or statistics are accepted by 8 or have any effect on pricing terms or decisions. You are responsible for all reasonable expenses (including attorneys' fees and costs) incurred by us in collecting unpaid amounts under this agreement.

Representations and Warranties. You represent and warrant that (i) all information provided by you to enroll in Cloud8, or otherwise in connection with any ad, posting or other communication is correct and current, (ii) you will not forge or mask your true identity, or the provider of any goods or services, in any ad, posting or other communication, (iii) you hold all rights to permit 8 and any Third Party Site to use, reproduce, display, transmit and distribute your ads and content and (iv) use of your ads by 8 or any Third Party Site will not violate any law, rule, regulation or rights of any third party.

No Guarantee. We make no guarantee regarding the levels of impressions or results for any ad on the Cloud8 or Third Party Site. We may offer the same services to more than one advertiser.

No Warranty. 8 does not guaranty that the operation of Cloud8 will be uninterrupted, error free or that Cloud8 and the information it stores will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. You expressly assume the risk of such problems by using Cloud8. All software, content, operations and materials, are provided "as is". Except as specifically provided in this Agreement, we make no representations or warranties.

Limits of Liability. We are not liable for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, special, incidental, indirect or other consequential damages, each of which is hereby excluded. Our liability for any direct damages may not exceed the amounts actually paid by you to us in connection with Cloud8 in the last six (6) months. We are obligated to perform only those duties expressly described in these terms and in any agreement between a Sponsor and Influencer. We are not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for our gross negligence or willful misconduct.

Your Obligation to Indemnify. You agree to indemnify, defend and hold harmless 8 and Third Party Sites, including their respective employees, directors, officers, agents, representatives and affiliates, from and against all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees and costs, arising from, or related to, any breach by you of this Agreement or any applicable law or your ads as submitted to Cloud8.

Changes: All information and these terms posted on Cloud8 are subject to change without notice. Your continued access of Cloud8 after those changes demonstrates your acceptance of those changes.

Severability: If any part of this Agreement is declared to be invalid or unenforceable by any court of competent jurisdiction, that provision will be ineffective but will not affect any other part of this Agreement. The invalid portion of any provision will be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties.

Waiver; Remedies: Our failure to partially or fully exercise any rights or our waiver of any breach of this agreement by you, will not prevent our subsequent exercise of that right or be deemed a waiver by us of any subsequent breach by you. Our rights and remedies under this Agreement are cumulative, and our exercise of any right or remedy will not limit our right to exercise any other right or remedy.

Third Party Beneficiary; Assignment. Each Third Party Site is an intended third party beneficiary under this Agreement, and has the right to enforce any terms directly against you. We may assign all, or any part of, our rights or obligations under this Agreement to a third party without your prior consent. This Agreement shall inure to the benefit of our successors and assigns.

International Access: Cloud8 is provided from the United States of America and all servers which make them available reside in the U.S.A. We make no representations regarding the legality of Cloud8 in any other country. You are responsible for ensuring that your use complies with all applicable laws outside of the U.S.A.

Governing Law: The laws of the State of New York govern this Agreement. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK, NEW YORK AND WAIVE ALL RIGHTS TO A TRIAL BY JURY.

Digital Millennium Copyright Act ("DMCA") Notice: We are under no obligation to scan ads or content sent through Cloud8 for the inclusion of illegal content. We do not permit materials known to be infringing to remain on Cloud8. You should notify us promptly if you believe any materials on Cloud8 infringe a third-party copyright. Upon receipt of notice of claimed infringement under the DMCA, we will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer by removing or disabling access to materials claimed to be infringing or by removing or disabling access to such materials. If you own a copyright or trademark that you feel has been misappropriated by someone else on Cloud8 without your permission, please notify us at feedback@the8app.com

Questions: Contact us with questions regarding this agreement at feedback@the8app.com

Privacy Policy

Here at the8app we know how much you value privacy, and we realize that you care about what happens to the information you provide to us through our website, mobile application, and other sources (our “Website ”). We have provided highlights below regarding how we collect, use, and share your information that you or others provide to us. Click here to see our full Privacy Statement.

If you are a California resident, click here for information about Your California Privacy Rights.

Information that you choose to provide, such as when registering on the Website or signing up for promotions (such as your birth date, household information, income, marital status, and education)

Product preferences, advertisement preferences, and other information about how you use our Website, such as the people, groups, and products you are connected to and how you interact with them

Content you submit or post (such as photographs, videos, reviews, articles, comments, or any other information you provide to us or post) and content you provide by “syncing ” with our Website (such as your address book or contact lists)

Financial and payment information if you use our Website to make or receive payments (such as payment card number, expiration date, account number, and billing address)

Employment and employment application information

Information automatically collected about your interactions with our Website, such as your browser information or IP address. If you access our Websites from a mobile device, we may collect data about your device.

Geolocation Information: We may also collect your precise location using GPS, cell tower, Bluetooth, or WiFi signals if you access our Websites or Applications from a mobile device. You may turn this feature off in your account settings at any time in the settings of your mobile device.

This information is collected from a variety of sources including information that you give us directly (for example, when you post information or register on the Website), information that we receive from affiliates and other third party sources (including other Website users), and information automatically collected when you visit our Websites (such as via cookies or web beacons).

the8app Privacy Statement — Full Statement

weare8 Inc. (“the8app,” “we,” or “us”) respects your concerns about privacy and values the relationship we have with you. This Privacy Statement describes the types of information we collect about you, how we use the information, with whom we share it, the choices available to you regarding our use of the information, and how you can contact us about our privacy practices.

1. What Information Does This Privacy Statement Apply to?

This Privacy Statement applies to the collection, use, and disclosure of information from and about you by the8app on the8app’s website (www.the8app.com), through our mobile application, through external social media platforms, and through telephone, email communications, and other sources (collectively, our “Website ”). the8app’s mobile application will collect the same information identified in this Privacy Statement and that information will be used and shared as stated in this Privacy Statement.

This Privacy Statement does not apply to third party websites that may be accessible through hyperlinks on the Website, which have their own privacy statement that we encourage you to review. Linking to a third party site does not mean that we endorse the site, any products or services described on the site, or any other material contained in a third party site. To the extent any linked websites you visit are not owned or controlled by us, we are not responsible for the sites’ content, any use of the sites, or the privacy practices of the sites. Please review the privacy statement on those other websites to see how they handle your information.

If you choose to use our Website in any way, such as browsing or interacting, you agree with the terms of our current Privacy Statement as posted here. If you do not agree with this Privacy Statement, you should not use our Website. We may update or modify this Privacy Statement from time to time at our sole discretion, and will note the date of last update on the top of this page. We encourage you to visit this area frequently to stay informed, as your continued use of our Website following the posting of changes to these terms means that you consent to such changes.

2. What Information Does the8app Collect?

We may obtain information about you from various sources. We may collect this information when you provide it on our website, mobile application, external social media platforms, in telephone or email communication, in connection with social networking, or at one of our events. We also collect information when other users post information about you using the Website. When you visit the Website, we may also collect certain information about your device or usage by automated means or by using technologies such as cookies, web server logs, and web beacons.

Information that You or Others Provide

You may choose to provide information to us in a number of ways, such as when you participate in an offer or promotion, when you register on the Website, when you post or provide content, when you contact us, or when you otherwise interact on the Website. The types of information you may provide to us include:

Information that you choose to provide, such as when registering on the Website or signing up for promotions (including your birth date, household information, income, marital status, and education)

Product preferences, advertisement preferences, and other information about how you use our Website, such as the people, groups, and products you are connected to and how you interact with them

Content you submit or post (such as photographs, videos, reviews, articles, comments, or any other information you provide to us or post) and content you provide by “syncing ” with our Website (such as your address book or contact lists)

Financial and payment information if you use our Website to make or receive payments (such as payment card number, expiration date, account number, and billing address)

Employment and employment application information

If you provide us with information regarding another individual, we will assume that you have that person’s consent to give us his or her information.

In addition, we may collect information about you that is provided to us by other Website users and other third parties as well as from external social networks (such as your name, profile picture, likes, location, friend list, and other information described in the social networking application sign-up page).

Information Collected Automatically

When you visit this Website or our online advertisements, utilize our services, open an email that we send you, or interact with social networking applications, we may collect information about your usage or device by automated means or by using technologies such as cookies, web server logs, and web beacons. As set forth in more detail below, we may also collect information about your usage and browsing habits using various web-based technologies.

Cookies: Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. Some cookies may exist for only a single session and some are persistent for multiple sessions over time. We may use cookies that are managed by the8app or by third parties for the purposes provided in this Privacy Statement, including for session management, authentication, user preference storage, Website performance and personalization, Website analytics, advertising (including affiliate marketing), content management, eCommerce, search, and social media integration.

Web beacons & pixels: To control which web servers collect information described above, we may place tags on our Website or in emails called “web beacons ” or “pixels. ” These are computer instructions that link web pages to particular web servers and their cookies. Web beacons and pixels can be used to track the pages you view, links that you click, or other online behavior. These tools may also be used to measure the effectiveness of our email campaigns by identifying the individuals who open or act upon an email message, when an email message is opened, how many times an email message is forwarded, the type of software, device, operating system and browser used to deliver the email, and any URL accessed through our email message. Such tools are also used in connection with online advertisements on our Website and on third party websites to collect the same types of information with respect to individuals who click on advertisements.

Other: we may use other technology to collect information for the purposes described in this Privacy Statement.

Such technologies may permit collection of data elements such as demographic data, browser type, MAC address and other device information, operating system type and settings, domain, the address of the web page that linked you to our Website, IP address, pages visited, whether you have visited us before or are new to the Website, activities conducted on the page (such as search queries), and the day and time of your visit.

If you access our Websites or Applications from a mobile device, we may collect your precise location using GPS, cell tower, Bluetooth, or WiFi signals. You may turn this feature off in your account settings at any time in the settings of your mobile device.

At this time, we do not honor “do not track ” signals from website browsers. However, you may refuse or delete cookies. If you refuse or delete cookies, some of the functionality of our Websites may be impaired. If you turn off cookies, Web beacon and other technologies will still detect visits to our Websites, but the information they generate cannot be associated with other non-identifiable cookie information and are disregarded. Please refer to your browser Help instructions to learn more about how to manage cookies and the use of similar technologies.

3. How Does the8app Use My Information?

We collect, maintain, and use your information for the following purposes:

as part of a merger, acquisition, transfer, sale, corporate change, or any other transaction involving all or a portion of the8app’s assets

All information we collect may be aggregated and merged or enhanced with data from other sources, such as third parties or our mobile application. We may also collect and store information locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

4. How Does the8app Share My Information?

We share your information with the audience on the Website that you specifically identify as well as anyone when you share public content. All details about your public profile may be shared with other Website users.

We may disclose your information to third parties who help us with our business functions, such as service providers or suppliers, and with business partners. Such third parties are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. Examples of these service providers include entities that process credit card and other types of payments, help us moderate content posted on the Website, provide web hosting or analytics services, or who assist with marketing functions. These services providers may be located around the world and in countries where privacy rules are different or less stringent than rules in the country where you reside.

We may also share your information with affiliated companies and subsidiaries as well as with business partners for our or the third party’s marketing purposes and when we believe that their products or services may be of interest to you. For example, we may share data with third parties so they can provide you with marketing information about products and services or to sponsor the content that you post on the Website.

We may also contract with third-party advertising networks that collect IP addresses and other information through the use of cookies, web server logs and web beacons on our Websites and emails; on third-party websites and emails; and on our advertising placed on third-party websites. They use this information to provide advertisements about products and services tailored to your interests (including for companies not affiliated with us). You may see these advertisements on other websites. This process also helps us manage and track the effectiveness of our and third party marketing efforts.

In addition, we may share your information if necessary to protect the safety, property, or other rights of us, our customers, or employees, or when otherwise required by law. We may also share your information with your consent in certain circumstances.

We reserve the right to transfer information we have about you in the event we sell, transfer, or engage in another transaction involving all or a portion of our business or assets, or undertake another form of corporate change, including bankruptcy. Following such a sale, transfer, or transaction, or corporate change, you may contact the entity to which we transferred your information with any inquiries concerning the processing of that information.

Your information may be stored in databases maintained by the8app (including local storage) or third parties, and may be disclosed to third parties for the purposes stated in this Privacy Statement, that are located within and outside the United States, including countries where privacy rules differ and may be less stringent than those of the country in which you reside. If you visit our Websites from a country other than the United States, you consent to such cross-border transfers of personal data to the United States and to other countries around the world.

5. What About External Social Media Platforms?

Our Websites’ web pages may embed plugs-ins, widgets or other apps of various external social media platforms. When you encounter those embedded objects, your internet browser may make a direct connection to the social media platform’s service and may share with the social media platforms information such as which of our Websites you have visited, information about your public profile, or content you have posted.

You may also be able to access your the8app account by signing on through various social media sites. Your participation with the services provided on social media platforms is voluntary. If you choose to sign on using this service, the8app will collect certain information from your social media account including your profile information (such as user name, email address, birthday, stated location city) and other interactions on that social media platform (such as content, interests, contacts, and likes). The information we may have access to will vary by social media platform and is controlled by privacy settings on that platform and your choices on that platform. Your use of services on third party social media platforms are governed by the privacy statement and other terms of use for that third party social media platform, until such information is shared with us, and then such information is also subject to this Privacy Statement.

6. Is My Information Secure?

the8app will take reasonable precautions to protect your information from loss, misuse or alteration. Please be aware, however, that any email or other transmission you send through the Internet cannot be completely protected against unauthorized interception.

7. Does the8app Collect Information From Children?

the8app does not intentionally collect information from children under 13 years of age, and children under age 13 should not submit any information to us. If we become aware that a child has provided us with information without parental consent, or a parent or guardian of a child contacts us through the contact information provided below, we will use reasonable efforts to delete the child’s information from our databases.

8. What Choices Do I Have?

We want to communicate with you about our products and services and make content available to you, but only in the ways that you agree to hear from us. You may “opt-out, ” or unsubscribe from our newsletters, special offers or discounts, or other marketing communications by following the unsubscribe instructions in any e-mail or other communication you receive from us. After doing so, you will not receive future promotional emails unless you open a new account, enter a contest, or sign up to receive newsletters or emails. You may also continue to receive non-marketing communications about your account or purchases that you have made. Please allow up to 2 weeks to process your request.

We store data for as long as it is necessary to provide the products and services described in this Privacy Statement and for our internal business purposes. You can delete your account at any time. When you delete your account or content you have posted on the Websites, that content (such as profile information, photos, and status updates) will no longer be viewable to the public or Websites users. However, your information will continue to be stored in our internal systems for our administrative purposes. In addition, information that other users have posted about you will remain on the Websites.

We also participate in interest-based or behavioral advertising. This means that you may receive advertising on our website or other websites that are tailored to how you browse.

9. How Can I Contact the8app?

the8app is committed to working with consumers to obtain a fair and rapid resolution of any queries, complaints, or disputes about privacy. If you have submitted information to the8app and you would like to have it deleted from our databases or corrected, or if you have any other questions or comments regarding our privacy practices, please email us at privacy@the8app.com for more information.

10. I Live in California – What About My California Privacy Rights?

If you are a California resident, you have the right to request information from the8app regarding the manner in which the8app shares certain categories of your personal information with third parties, for the third parties’ direct marketing purposes. California law provides that you have the right to submit a request to the8app at its designated email address and receive the following information:

The categories of information the8app disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; and

The names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.

You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. You may make such a request by emailing us at privacy@the8app.com.